The state of freedom

In the summer of 1776, representatives from the 13 original colonies gathered in Pennsylvania to draft a document formally severing America's ties with Britain.

On July 4, the bells of Independence Hall rang out, signifying the approval of Thomas Jefferson's Declaration of Independence.

Exactly 232 years later, Americans have more freedom and more laws restricting those freedoms than the Founding Fathers could possibly have envisioned.

Endowed as we may be by our Creator with certain unalienable rights, local leaders discuss: Just how free are Americans today to pursue life, liberty and happiness?

"The right to be let alone is indeed the beginning of all freedom."— Supreme Court Justice William Orville Douglas

"There are something like 1,600 laws in California," said Scott Nassif, Apple Valley councilman. "I am a firm believer in less government."

The number of laws on the books have become a drain on government resources, Nassif argued, forcing leaders to pick and choose what to enforce.

One of the biggest examples of this, Hesperia Councilwoman Rita Vogler said, is with the lack of enforcement against illegal aliens in an effort to protect the rights of immigrants here illegally above those of American citizens.

"Life is a balancing act and our freedom comes with acceptance of the rules and laws that are set out by society and our elected officials," said Spring Valley Lake Association Board Member Cindi Burklow.• "Those who would give up essential liberty to purchase a little temporary safety deserve neither liberty nor safety."— Benjamin Franklin

While it's not unusual to forgo certain civil rights during times of war, such as mandatory rationing or instituting a draft, the current war on terror is unusual in that there's no end in sight."Sept. 11 changed everything," Vogler said. "Terrorism can be anywhere."In the post-Sept. 11 world, the United States has tightened security and taken a tough approach in preventing terror attacks on American soil.Although some decry the measures, the government eavesdrops on telephone conversations between overseas terrorists and those in the U.S. And while instances of waterboarding (simulated drownings) have been limited to only three suspected terrorists, this issue is hotly debated."The primary and chief purpose of government is to make us free to develop our faculties and to pursue what Jefferson called happiness," said Bruce Fein, chairman of the American Freedom Agenda, during a discussion for the Cato Institute."The Founding Fathers understood that freedom was the rule, and government intervention to protect security and safety was the exception. There had to be a standard of need or urgency required in order to encroach on freedoms. The United States, post Sept. 11, has flipped that customary burden of proof. Under the new system, freedom takes a secondary role."But Hesperia Mayor Mike Leonard believes this concern is exaggerated."If you're not doing anything wrong, you don't have to worry," Leonard said. "I would rather have my rights infringed on a little bit and be safe and not have to worry about radical terrorists coming back to our country."• "It is easy to take liberty for granted when you have never had it taken from you."— M. Grundler

Until Tuesday, Californians took it for granted that it was their right to talk on their cell phone in their car, just as it used to be taken for granted that you could light a cigarette in a bar or ride a motorcycle with your hair blowing in the wind.

"As society grows and we get more technical, we have to come up with a few common-sense regulations. I think that's the natural evolution of a very technical society," Victorville Councilman Mike Rothschild said. "It's not taking something away if it's protecting people."

While admitting it's been hard for her to remember the new law, Vogler asked, "Whose child, whose husband is in a morgue somewhere because someone was talking on a phone? Public safety has to come first."

Still, Nassif questioned while speaking on his hands-free device: "Is it less dangerous for me to talk on the phone without holding the phone? Who should decide that?"•"Where, after all, do universal human rights begin? In small places, close to home. ... Unless these rights have meaning there, they have little meaning anywhere."— Eleanor Roosevelt

At the local level, while not weighing the right to bear arms as the Supreme Court was recently asked to do, city leaders must daily balance personal freedoms versus the public good.

"Every time we vote we're infringing upon somebody," Vogler said. "The freedom of the individual is very, very important. We shouldn't have to, but we have to impose stricter laws so that other people have a quality of life. It's probably the most difficult decision a person in charge has to make."

Nassif said the council was recently approached with a request for building a moratorium, with concerns over congestion. The council was forced to weigh the right of an individual to develop their own land versus the right of the majority not to be stuck in traffic every day.

"I think that's something that every politician should consider every time they make a decision," Nassif said. "Politicians inherently want to fix problems. But I believe it should be up to the free market to fix a lot of those issues."

This balancing act recently garnered attention when the Hesperia council was asked to rule on the parking of semi trucks.

"If you own a piece of property it's yours, but if you're letting trash build up or you're building not to code you're infringing on others' rights," Leonard said. "Am I taking a right away? I don't know. But I'm looking at the safety aspect of it. If it's a safety issue, then we need to do something about it."

Brooke Edwards may be reached at 955-5358 or at bedwards@vvdailypress.com.

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